Opinion
NO. 02-17-00248-CV
08-07-2017
IN RE UNIVERSAL STEEL BUILDINGS CORP. RELATOR
ORIGINAL PROCEEDING
TRIAL COURT NO. CV-2016-01310 MEMORANDUM OPINION
See Tex. R. App. P. 47.4, 52.8(d).
On July 26, 2017, relator, Universal Steel Buildings, Corp., filed a petition for writ of mandamus contending that the trial court abused its discretion in denying its motion to stay the underlying lawsuit based upon the principle of comity.
To be entitled to the extraordinary relief of a writ of mandamus, relator must show that the trial court committed a clear abuse of discretion and that there is no adequate remedy by appeal. In re Laibe Corp., 307 S.W.3d 314, 316 (Tex. 2010) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Mandamus is appropriate to preserve the principles of comity. See In re BP Oil Supply Co., 317 S.W.3d 915, 922-23 (Tex. App.—Houston [14th Dist.] 2010, orig. proceeding); see also In re Cooper Indus., LLC, No. 14-13-00500-CV, 2013 WL 3893984, at *1 (Tex. App.—Houston [14th Dist.] July 25, 2013, orig. proceeding) (mem. op.).
The court has considered relator's petition for writ of mandamus and is of the opinion that relator has not shown itself entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied.
PER CURIAM PANEL: GABRIEL, WALKER, and SUDDERTH, JJ. WALKER, J. would request a response. DELIVERED: August 7, 2017